News Article by Kateryna Ilecko - Lawyer, International Atlantic Services

While moving to Portugal you may be confronted with a very important question: are foreign court decisions valid and accepted by Portuguese public or private authorities? For example, divorce decisions or decisions on the adoption or regulation of parental responsibilities. How should the person proceed for these documents to be recognized and accepted in Portugal?

First of all, it is very important to mention that no foreign court decision has force in Portugal until it is confirmed through the special procedure called “review and confirmation of foreign sentence”, held at the Portuguese Court of Appeal (article 978 of Civil Process Code).

This special procedure does not apply to court decisions taken by the competent authorities of European Union countries, as these decisions are automatically recognized and enforced without additional formalities (see: Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction)).

One situation that specifically requires the use of the special procedure is when a foreigner acquires Portuguese nationality. In this case, the individual must register all key life events, such as marriage, divorce, and other significant changes, with the Portuguese Civil Registry. Regardless of whether the divorce is granted by mutual consent or through court proceedings, it must be confirmed by the Portuguese Court of Appeal. Therefore, the special procedure for the 'review and confirmation of foreign judgments' must be used.

The request for confirmation of a foreign sentence can only be made by a certified lawyer. At IAS, we understand that navigating the complexities of legal disputes and court actions can be a challenging and stressful experience. To help our clients manage these challenges, we offer comprehensive services related to court actions, providing expert legal support every step of the way. Our team of experienced legal professionals is well-equipped to assist with various aspects of court proceedings, ensuring that your case is handled efficiently and effectively, and we will ensure that all necessary documents are accurately prepared and filed in accordance with the law.

Once reviewed and confirmed by the Portuguese Court of Appeal, the foreign court sentence will have the same legal force in Portugal, as in the country of origin, so it may be freely used for any necessary purpose.